HOUSING CASES AND ALLOCATION TO THE FAST TRACK: THE FACT THAT THE CLAIM WAS BASED ON AN EARLIER COMPROMISE DID NOT MEAN THAT THIS WAS A SMALL CLAIMS TRACK MATTER
Here we have an interesting decision on whether a dispute about a settlement agreement in a housing disrepair case should be allocated to the Small Claims Track. I am grateful to Steve Cornforth for sending me a copy of this…
ONLINE POSSESSION PROCEEDINGS: A USEFUL CHECKLIST FOR PRACTITIONERS
The post earlier this morning set out the major elements of the new Practice Direction on the Online Procedure Rules for Possession Proceedings. At the moment these have limited geographical scope. However it is likely that they will apply more…
ONLINE POSSESSION PROCEEDINGS: A NEW PRACTICE DIRECTION, COURT COMMUNICATIONS AND SOME IMPORTANT DEADLINES: CAME INTO FORCE ON THE 29th SEPTEMBER…
The Practice Direction: Online Procedure Rules for Possession Proceedings, updated on 29 September 2026 (and came into force at 12.00 that very day), introduces a procedural framework for specified County Court possession claims. It supplements the Online Procedure Rules 2026…
WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … HOUSING LAW, COSTS AND PROCEDURE: 10 KEY POINTS AND USEFUL LINKS
There are much more specialist blogs available for housing lawyers and I’m glad to say that “Nearly Legal” is recommencing next month. The posts on this site concentrate on procedure and costs and the Ten Key Points here reflect that. …
CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE…
Some, apparently, minor updates to Practice Directions have a major significance for housing law practitioners in particular. Here we look at the major change, which relates to housing disrepair claims and the minor corrections. KEY PRACTICE POINTS The addition…
COST BITES 443: USEFUL CHECKLISTS: A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR CLAIMANTS)
The review on the book on Costs in Housing Disrepair cases last week led me to consider a series of checklists on costs. I am starting with costs for claimant housing lawyers. However this site is even handed, the next…
BOOK REVIEW: “A PRACTICAL GUIDE TO COSTS IN HOUSING DISREPAIR CASES”: MAY HELP FIX GAPS IN ROOFS AND CERTAINLY FILLS A GAP IN THE MARKET…
Costs in housing disrepair costs have become somewhat of a battleground. This battle starts at the allocation stage and re-commences on assessment. This has become more acute because housing disrepair cases are not subject to the fixed costs regime. This…
A CLAIMANT’S SUCCESSFUL APPEAL IN A HOUSING DISREPAIR CLAIM: THE DISTRICT JUDGE WAS WRONG TO ALLOCATE THE MATTER TO THE SMALL CLAIMS TRACK…
I am grateful to Craig Leigh, for sending me a copy of this judgment in relation to an appeal about allocation in a housing disrepair case. It deals with important principles relating to the allocation of housing disrepair cases. The…
COST BITES 361: THE STEPS A CLAIMANT SHOULD TAKE IF THEY WISH TO RECOVER PRE-ALLOCATION COSTS ON THE BASIS THAT THE CASE WOULD HAVE PROCEEDED IN THE FAST TRACK
I am grateful to Andrew Hogan for sending me a copy of this decision which relates to pre-allocation costs in housing cases. It deals with the question of how the court should address pre-allocation costs where a housing disrepair claim…
WHICH TRACK IS BEST? THE RULES, CASES AND GUIDANCE: ALLOCATION – SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025
Over the past month or so we have looked at three cases where the question of allocation of housing disrepair cases has been considered. The issue lies between Fast Track and the Small Claims Track. This webinar looks at the…
ALLOCATION IN HOUSING DISREPAIR CASES 2: CLAIMANT’S APPEAL ON ALLOCATION SUCCESSFUL: DISTRICT JUDGE WAS WRONG IN THEIR VIEW OF LIKELY AWARD OF DAMAGES
This is the second case on allocation in housing cases we are looking at today. The result was the same – the judge allowed the claimant’s appeal against allocation to the Small Claims Track. However the route to success was…
ALLOCATION IN HOUSING DISREPAIR CASES: AN APPEAL JUDGMENT OVERTURNING REFERENCE TO THE SMALL CLAIMS TRACK
Here we look at a judgment where a decision to allocate a housing disrepair case to the Small Claims Track was overturned on appeal. (This is the first of two cases we will look at today). The judgment is useful…
CITIZENS ADVICE ARE LOOKING FOR CONSULTANT EXPERTS IN HOUSING: HELP MAKE A DIFFERENCE
Citizens Advice offers confidential advice online, over the phone, and in person, for free. Through our national network of charities, we give people the knowledge and the confidence they need to find their way forward – whoever they are, and…
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